Each state (except Arkansas) has an “implicit guarantee of habitability” – in fact, a legal guarantee that your landlord will keep your rental unit in a livable state. This includes ensuring a healthy ambient air quality, free of contaminants and toxins such as mould. In addition, states and cities often have real estate and sanitary laws that require homeowners to maintain the premises in good condition. Some of these codes go so far as to identify mold as a common culprit. For example, San Francisco requires homeowners to keep their buildings safe from public nuisance, including “visible or otherwise detectable mold or rust.” 1 If your landlord does not solve a mold problem, you may be allowed to break your lease if your apartment is no longer a healthy place to live. make reasonable efforts to preserve the unit and all other parts of the premises it occupies in a state, to prevent moisture build-up and mould growth, and to immediately inform the owner of any accumulation of moisture or visible signs of mold detected by the tenant; In case the owner has not immediately repaired a state of mould on the site, although he has been informed, the T should be a 21/30 day notice to the healing on the L “the indication of the acts and omissions that constitute the offence and the indication that the lease ends at least 30 days after notification if such an offence is not corrected in 21 days” (see VRLTA 55-248.21) (p. 55.1-1234). Legally, you are not allowed to repair and deduct your lease, keep it or break your lease if you caused the mold problem. Be sure to report leaks and burials to your landlord immediately, and if you notice mold anywhere in your apartment, let your landlord know in writing before it becomes a more serious problem. If the removal inspection report does not indicate visible signs of mould, there is a rebuttable presumption in the legislation that there was no mould on the premises at the beginning of the lease.
In this way, attentive owners will ensure that the removal in the report is carefully prepared and reflects the presence or absence of mould. In the case of a subsequent discovery of mold on the site, the owners have a valid defense that they are not responsible and that any mold growth was probably caused by the tenants. Facts Tenants had just moved into a townhouse in Waitara when they noticed mold infestations in the air-conditioned filter, in the canvas closet and in the ceiling (caused by the water intake) and throughout room 3, which could not be occupied due to a serious health risk (respiratory problems). The mold smelled bad. They called the CEO, but soon after, they decided to evacuate because the premises were not habitable.